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PEOPLE v. EVANS

Appellate Division of the Supreme Court of New York, Second Department.
Oct 7, 2002
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DECISION ORDER

ORDERED that the judgment is affirmed.

The factual findings and credibility determinations of a hearing court are accorded great deference on appeal, and will not be disturbed unless clearly unsupported by the record (see People v. Fryar, 276 A.D.2d 641). Here, nothing in the record supports the defendant's contention that the testimony of the arresting police officer at the hearing was incredible or patently tailored to nullify constitutional objections (see People v. Black, 214 A.D.2d 619). Accordingly, the Supreme Court properly denied that branch of the defendant's omnibus motion which was to suppress physical evidence and statements made to law enforcement officials.

The sentence imposed was not excessive (see People v. Delgado, 80 N.Y.2d 780; People v. Suitte, 90 A.D.2d 80).

S. MILLER, J.P., CRANE, COZIER and RIVERA, JJ., concur.